Infanticide defence to be extended

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MOTHERS who kill their children younger than two may be able to
avoid a murder conviction by using the defence of infanticide,
under changes soon to be introduced in State Parliament.

At present only mothers who kill within 12 months of the birth
of their child can use the defence, which applies when the mother
is suffering a mental disturbance resulting from childbirth or
lactation.

Increasing the age of victims to two is in line with a
recommendation from the Victorian Law Reform Commission.

But the Government has rejected the commission's push to enable
women who also kill children other than their most recently born to
rely on the defence.

Attorney-General Rob Hulls said infanticide recognised the
complex physical and social factors that some women experienced
after giving birth. But he said the Government would not extend
infanticide to cover the killing of older siblings.

The maximum penalty for infanticide, which is both an offence
and a defence to murder, is five years' jail.

In December last year, a Victorian woman was sentenced to an
18-month community-based order for the infanticide of her
five-week-old daughter in July 2003. Leanne Michelle Azzopardi, who
had been diagnosed with post-natal depression, called police after
drowning her daughter, claiming an intruder had broken into her
home and killed the girl.

In its report last year, the commission suggested that when a
mother killed a recently born child and an older sibling or
siblings in a single event, infanticide should apply to the
multiple killings.

It was "unjust that a woman who, due to a disturbance of mind,
killed more than one child, can rely on infanticide for one child
but not the other", the commission said. It called for the anomaly
to be rectified.

Mr Hulls said it was not appropriate to extend the defence.

"I do accept the situation when a woman kills her newborn as
being a very unique form of offending that does require a
distinctive legal response, but I believe there should be tight
limits on this response," Mr Hulls told The Age
yesterday.

"The Government does not believe it is appropriate for the law
to be seen to condone a killing of other children.

"Under the commission's recommendations, a woman could rely on
infanticide having killed a 10-year-old or even a 16-year-old.

"If you agree with the LRC logic, then infanticide could apply
to killing anyone as a result of post-natal depression Why
limit it to a child of the family?

"It broadens out the law to such an extent that it's not
relating to the distinctive response that's required for post-natal
depression. I think infanticide does recognise the unique
relationship between a woman and the newborn. The LRC proposal
extends beyond that unique relationship and I have concerns about
that, and the Government will not legislate in line with it."